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M. A. CHOWDHARY
Sehran Abass Sheikh, S/o. Ghulam Abass Sheikh – Appellant
Versus
Union Territory of J. &K. Through Comm/Secretary (Home), Civil Secretariat – Respondent
JUDGMENT :
1. District Magistrate, Jammu (hereinafter called ‘Detaining Authority’) in exercise of powers under Section 8(1) (a) of the Jammu & Kashmir Public Safety Act, 1978, passed the detention Order No. 21 of 2022 Dated 03.12.2022 (for short ‘impugned order’), in terms whereof the detenue namely Sehran Nawaz Sheikh S/O Ghulam Abbas Sheikh R/O H.No.76, Ward No.13, Malipeth Kishtwar (for short ‘detenue’) has been detained.
2. The impugned detention order has been challenged through the medium of the instant Habeas Corpus Petition, allegedly having been passed in breach of the provisions of Article 22(5) of the Constitution of India read with Section 13(1) of the Public Safety Act, 1978.
3. It has been pleaded in the petition that the detaining authority-respondent No.2 has not applied its mind properly while passing the detention order; that the detenue has been incapacitated in filing a representation as the grounds of detention are not in a language which could be understood by the detenue; that the detenue is not an English literate person and understands only Kashmiri language but the order of detention is in English and it is not possible for him to understand such a hyper
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention cases, including providing the detenue with the whole of the....
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention, including the right to be communicated the grounds of deten....
The judgment establishes the principle that the detention order must strictly comply with procedural requirements, and the detenue's right to understand the grounds of detention and make a meaningful....
The right to be informed of the grounds of detention in a language understood by the detenue is a fundamental constitutional right, and failure to comply with this requirement, along with the lack of....
Preventive detention – In a democracy governed by rule of law, drastic power to detain a person without trial for security of State and/or maintenance of public order, must be strictly construed.
The right to be informed of the grounds of detention and to access all materials relevant to that detention is fundamental under Article 22(5) of the Constitution, and any failure to comply with thes....
The judgment established the importance of providing necessary documents to the detenue and the grounds for preventive detention when ordinary law fails to deter criminal activities.
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
Preventive detention must comply with Article 22(5) of the Constitution, requiring clear communication of grounds and supporting material to the detenue for effective representation; failure to do so....
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